Govinda Menon, J.- The appellant, whose mother had filed a suit in forma pauperis against her husband’s brother for past and future maintenance at the rate of Rs. 100 per year to be made a charge on the family properties, was on her death brought on record as the legal representative of her mother in the trial Court. Both the lower Courts have dismissed the suit on the ground that the appellant’s mother’s claim for maintenance against her husband’s estate in the hands of the coparcener was a personal claim which does not survive to her legal representative on her death. The learned District Munsif relied upon a decision of Happell, J., in C.R.P. No. 675 of 1945 in which the facts were as follows.

A certain lady filed a suit against her husband for maintenance and while the suit was pending she died. But before her death she purported to assign her rights to past maintenance to her father, and on her death, the father filed an application to be brought on record as the legal representative of the daughter. The learned Judge held that the question of the original plaintiff’s right to maintenance was a personal right and since it was not a suit to recover an ascertained sum, a transfer

Click Here to Read the rest of this document